Chittenden v. Rogers

Citations

• 42 Ill. 95

Syllabus

<p>1. Jurisdiction in chancery—when there is a remedy at law. A court of equity will not take jurisdiction of a cause, when jurisdiction has been properly acquired by a court of law, unless under peculiar circumstances, of which the party cannot avail at law.</p> <p>3. Nor can a party have a standing in a court of equity, when his remedy is adequate at law.</p> <p>3. If a party has been prevented by accident, and by circumstances over which he had no control, and which every reasonable effort on his part could not have prevented, from asserting his remedy at law, he may resort to chancery.</p> <p>4. Same—in case .of conflicting attachment and execution Kens. Where attaching creditors have obtained their judgments in a court of law, their light to have the property levied upon applied to the satisfaction of their judgments is as well protected against junior execution liens, and as triable and enforceable in that court as in a court of chancery, and the latter court will not entertain an application of the attaching creditors in such a case, to enforce their prior liens.</p> <p>5. Remedy at law — to enforce the rights of attaching creditors as against junior execution Kens. Courts of law have full and general and supervisory power over their process, and can correct or prevent any abuse of it, and can carry into full effect, all their judgments, by their own machinery.</p> <p>6. So, if the sheriff is about to proceed under executions in his hands, contrary to law, and injuriously to the interests of attaching creditors whose rights are prior in regard to the property or fund sought to be affected, the court out of which the process issued, on motion for that purpose, cam correct the wrong, and force the officer into the right path; courts of law can also exercise an equitable jurisdiction over the execution of their own judgments and process.</p> <p>7. Where the property attached has been sold, and the proceeds are in the hands of the officer, who intends to apply th